IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 148 of 2026 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/SECOND APPEAL NO. 148 of 2026 ==========================================================

RAMESHBHAI VEERSINGBHAI HATHILA Versus RAMANBHAI VEERSINGBHAI HATHILA ==========================================================

Appearance:

MR HRIDAY BUCH(2372) for the Appellant(s) No. 1 MR A A ZABUAWALA(6823) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 24/03/2026

ORAL ORDER

1. Heard learned advocate Mr. Nishant Lalakiya for learned advocate Mr. Hriday Buch for the appellant.

2. Learned advocate for the appellant contended that the plaintiff had filed a suit for setting aside the ex-parte judgment and decree dated 30.04.2007 passed against the plaintiff in Regular Civil Suit No. 38 of 2005 by the learned Principal Civil Judge, Jhalod. It is submitted that a suit challenging an ex-parte decree is not maintainable under the settled proposition of law. However, the learned Court below as well as the learned Appellate Court, ignoring the settled proposition of law, decreed the suit of